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■ A N 


EXPOSE 




OF THE 


CONDUCT 


JOSEPH 


H. BRADLEY 


OF WASHINGTON, D . C . 

1 


Counsellor " 


EMPLOYED by the 


IMPERIAL RUSSIAN LEGATION, " 




TOWARDS 


MAJOR 


G. TOCHMAN, 


OF NEW V R K , ! 

i 


Counsellor 


1 

RETAINED by the j 

1 


NEXT OF KD 


f AND HEIRS AT LAW 

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F 



GEN. THADEUS KOSCIUSKO. 



DECEMBER, 1847 




afc'^"-^'*' 



V 



U.S.A. ^.y: 



INTRODUCTION 



To THE PUBLIC IN GENERAL, AND 

To MY FRIENDS IN PARTICULAR. 

Human transactions are sometimes subject to unfortunate in- 
cidents, which no prudence can prevent; when such transpire, 
a truthful exposition of the facts, and submission of them to the 
impartial sense of public opinion, seem — for the injured — to be 
the only attainable satisfaction. 

Guided by this understanding, I deem it my right as well as 
my duty — to make known to my friends and the public in gen- 
eral, the particulars of a controversy, which has caused me great 
pain and unhappiness. 

Mr. de Bodisco, minister from Russia, in his anxiety to take 
vengeance upon me for political otfences against that country, 
has been making every effort to take out of my hands, a profes- 
sional matter, which my former countrymen, the next of kin and 
heirs at law of Gen. Thadeus Kosciusko, entrusted to my care 
as a member of the bar of this country. 

To effect this political vengeance — or in other words, to 
visit upon me, by this indirect way, the penal laws of his mas- 
ter — the autocrat ; Mr. de Bodisco induced Joseph H. Brad- 
ley and another member of the Washington Bar (whom I had 
associated with myself as Counsel of the next of kin and heirs 
at law of Gen. Kosciusko) to consent to accept a power of at- 
torney — direct from my clients, which he (de Bodisco) under- 
took to procure and obtain for them, through the coercive mea- 
sures of his tyrannical government at St. Petersburg. 

When I ascertained, that the proposition of Mr. de Bodisco 
was accepted by my then associate, Joseph H. Bradley, and by 
the other individual who was associated with us ; and that the 
1 



2 

said Mr. de Bodisco, had actually forwarded to St. Petersburg, 
a draught of a power of attorney, prepared in their names, to 
obtain the signahtres of my clients- — the heirs at law of Gen. 
Kosciusko ; I immediately took such preventive measures as I 
deemed legitimate and proper, to defeat their design (which 
was a conspiracy) to injure me. 

After this, the association between Joseph H. Bradley, the 
other individual and myself, was dissolved — and thenceforward 
those two individuals assumed to claim the absolute management 
of the business of my clients; under pretended authority from 
the " Impeiiial Russian Legation" — or in other words : from 
Mr. de Bodisco, minister from Russia. 

My determined resistance to this absurd, presumptuous, and 
unwarrantable interference — which continues up to this day — 
aroused Joseph H. Bradley, who not being able to meet it 
by any legal and honorable opjjosition, adopted a false and vio- 
lent course by attacking my good name and professional integ- 
rity — by means which no gentleman would have done. 

Charitably attributing his behaviour, more to his susceptibility 
to passion than to a want of honorable feeling (such as should 
govern a gentleman,) I gave him a fair opportunity of doing jus- 
tice to himself, and rendering proper redress to me. The en- 
closed communication will show — how it has been met, and 
disposed of by him. 

I submit, then, respectfully the merits of the case to the scru- 
tiny of the public as well as of my friends ; which I do — by 
publishing the correspondence heretofore referred to : it being 
the only means, consistent with the rules of honor — by which 
I can defend my good name and character against the opprobri- 
ous epithets and menaces, which Mr. Bradley thought he could 
use towards me icith impunity. 

An attempt having been made, to question the identity of my 
person, I add at the close, two depositions — taken, one from Mr. 
I. T. Chutkowski, a cousin of the next of kin of Gen. Koscius- 
ko, — the other from Mr. John L. O'Sullivan, late member of 
the Legislature of New York, and former editor of the Demo- 
cratic Review, — which conclusively show, the character of 
these malicious insinuations. 

Gaspard Tochman. 

December 10, 1847. 



CORRESPONDENCE. 



No. 1. 

Washington, D. C, JVovemfeer 6, 1847. 
My Dear Sir: 

I have been looking for you here and in Balti- 
more, for the last three days, and have just learned that you are 
in Philadelpliia. I beg leave then to direct there, this letter. 
You know my reasons of postponing my right to obtain satisfac- 
tion from Bradley, for the insult he offered me last winter — 
when you were at Washington. It can be postponed no longer. 
On Wednesday last that man, in open Court, during the argu- 
ment of a case permitted himself to make some disparaging im- 
putations in regard to me, which of course I at once refuted. 
Not being able to meet my refutation by any argument, he 
adopted a plan unbecoming a member of the bar. In the pres- 
ence of the judges, members of the bar and other citizens, he 
made two steps towards me in a menacing posture, saying, " I 
WILL STRIKE YOU," and on being answered, "try" — (when the 
Deputy Marshall placed himself between him and myself,) he 
called me " scoundrel — coward.'''' 

You are a gentleman of honor — and you know that I sacri- 
ficed all worldly goods on the altar of my native land. I saved 
and brought to this country of my adoption, only my good name, 
my honor, and industry. Good name and honor, are dearer to 
me than life itself — and they are attacked here, designedly, to 
subserve a foreign policy : Bradley being, as I told you last 
winter, employed by Bodisco, minister from Russia, to wrest 



out of my hands the management of a business which the heirs 
at law of Gen. Thadeus Kosciusko, entrusted to my care ; further 
particulars of these efforts of Bodisco, you will learn from the en- 
closed affidavit, which I made at Baltimore, and published imme- 
diately after Bradley insulted me. (see exhibit marked A.) 

1 hope, my dear sir, that you will not refuse me your friendly 
aid, to obtain from Bradley such satisfaction as is due to me. 
My unchangeable resolution, is, to meet Bradley^ — if he does not 
prove himself the "cow'rtrd"and '•'■ dirty scoundreV — which he 
thought he could have applied to me with impunity. I place 
my honor in your hands with full and entire confidence, and beg 
you to come to Baltimore as soon as possible, and take this mat- 
ter into your hands. Please to stop at Barnum's. Write me a 
note when you will start, that I may meet you there on your 
arrival. 1 beg you do not delay for a moment your coming to 
Baltimore, and say nothing about it to any body until all is over. 
Accept the assurance of the highest consideration — with which 
I have the honor to be. 

Your most ob't servant, 

g. tochman. 

Capt. James W. Schaumburg, 
Philadelphia. 



Exhibit A 

.Affidavit — Be it remembered, that on this 3d day of Nov. 1847, 
before me the subscriber, a Justice of the Peace of the State of 
Maryland, in and for the City of Baltimore, personally appeared 
Major Gaspard Tochman, who after being duly sworn and ac- 
cording to law says: that he is a native of Poland, — took an 
active part as Major in the army during the revolutionary war 
against Russia in 1830 — and for having done so, was exiled from 
Poland in 1831, and had his property confiscated by the grasping 
power of the Autocrat in 1835. In 1832 this affiant came, as 
exile to France, where he was elected by his fellow-countrymen, 
Vice-President of the Polish Council at Avignon, and held the 
office of that station until 1834, when he went to Paris. About 
the end of 1836 he left France for England, and in 1837 he came 
to this country and made himself known to the public of these 
United States, as a lecturer on the policy of Russia and the wrongs 
and sufferings of his native land, Poland. In 1843 he became a 



naturalized citizen oC these United States, and in 1845 he was 
admitted to practice law in various Courts of the United States 
and in the city and state of New York, where he resides. This 
affiant further says : that soon after he coinmenced to practice 
law, to wit: about the end of the year 1845, the next of kin of 
General Thadeus Kosciusko of Estko branch, who all reside in 
Poland and Russia, retained him as attorney and counsel to re- 
cover their moiety of the properly which their kinsman said Gen. 
Kosciusko left in this country, and which they claimed and liti- 
gated without any success since the year 1821 or 1823. And 
this affiant further says, that on his coming to Washington City, 
to take charge of the business of liis clients said Estkos, he found 
out that the other branch of the next of kin of said Kosciusko, 
the Zolkowski branch, entitled to the second moiety of said pro- 
perty, had no attorney nor counsel in this country — he, this affiant 
therefore, as their former countryman undertook to take charge, 
and did take charge of their right to, and interest in the estate, and 
notified them of it by a letter addressed to their relative and cor- 
respondent, a certain Mi. Adam Bychowiec, living in Russia, in 
the government of Grodono, who is an assignee or purchaser of 
some portions of the moiety of the estate casting upon said Zolkow- 
skis branch. This affiant further says, that although he has an ex- 
press, and he believes, an irrevocable power of attorney from the 
Estkos branch, and although theZolkowskis branch for whom this 
affiant undertook to act voluntarily as aforesaid, have not revoked 
him as their attorney and counsel, as the law in such cases provides 
for and requires. Yet a certain Mr. de Bodisco, minister from 
Russia, in his anxiety to take vengeance upon this affiant for his 
political offences against Russia, undertook to interfere with this 
affiant's professional pursuits, and has attempted to take out of 
his hands the business aforesaid of the next of kin of said Thadeus 
Kosciusko. The affiant further says, that to this end said Mr. 
de Bodisco, minister from Russia, some lime in February, 1846, 
forwarded to St. Petersburg in Russia, a power of attorney pre- 
pared in the name of two lawyers of the Washington bar, (with 
whom this affiant had associated himself as counsel of the next of 
kin of said Kosciusko to have their legal aid and assistance) re- 
questing the government of Russia to require the clients of this 
affiant, said next of kin of Thadeus Kosciusko, to sign said pow- 
er of attorney in order to supersede that of this affiant.* And 
this affiant further says, that he, said Mr. de Bodisco, minister 
from Russia, having failed in obtaining the signatures of the next 
of kin of said Thadeus Kosciusko to the power of attorney in- 
tended to supersede that of this affiant as aforesaid, undertook to 
put at naught this affiant's right and power of attorney, by enlist- 
ing the two lawyers whom this affiant associated with himself as 
aforesaid, to contest the power of attorney of this affiant, under 
pretended authority from him said Mr. de Bodisco, minister from 
Russia, and in the meantime, he, said Bodisco, renewed his effort 

* The two lawyers referred to are : Joseph H. Bradley and P. R. Fendall. 



to obtain tVom tlio next of kin of saiti Kosciusko a power of at- 
torney aforesaid, in behalf of the two lawyers employed by him- 
self to accomplish his political vengeimce aforesaid. This affiant 
further says, that in this staj;e of this affair came to the City of 
Washington from Russia, Ladislaus Wankowski, late Captain in 
the Russian army, who is a grand-grandson of one of the sisters 
of Gen. K-osciusko, and is entitled in his own right to one twentv- 
eighth part of the estate of said Kosciusko, casting upon him 
through his father, and to one fifty-sixth part of said estate wliich 
he takes as legacy from his uncle Josephus Zolkowski. And to 
whom said Adam Bychowiec, and a certain Mr. Szyrma, l)olh 
purchasers of certain small portions of the estate, gave a power of 
attorney to recover their said portions: None of the actual heirs 
or next of kin of said Kosciusko, not even own brother of said 
Captain Wankowicz, joined said Bychowiec and Szyrma in giving 
said power of attorney to said Ladislaus Wankowicz, Captain in 
the Russian army. This affiant further says, that the law of 
Russia forbids the Russian subjects to have any interview with 
the Polish political exiles, without the permission of that govern- 
ment, even abroad in foreign countries: — he, this affiant does not 
undertake to say whether said Captain Wankowicz obtained from 
his government leave to see this affiant as attorney and counsel, 
but he has reason to believe, and does really believe, that said 
Capt. Wankowicz, on his coming to the City of Washington, 
some time during the last week, made such an application to said 
Mr. de Bodisco, minister from Russia, who at first granted said 
Captain Wankowicz the permission of having interviews with this 
affiant, and two days after revoked it, and forbade him to see this 
affiant anymore; which order, of course Capt. Wankowicz must 
obey, for otherwise he might be sent to Siberia on his return 
home. This affiant further says, that during the interview, which 
said Capt. Wankowicz had with this affiant in virtue of the afore- 
said permission from Mr. de Bodisco, minister from Russia, he 
said affiant, learned from said Capt. Wankowicz that, said Mr. de 
Bodisco ordered him to employ as his counsel, those two lawyers 
for whom he failed to obtain the power of attorney — from other 
next of kin of said Kosciusko, intended to supersede the power 
of attorney of this affiant as aforesaid. And this affiant further 
says, that he advised said Capt. Wankowicz to comply with said 
order of said Bodisco, having reason to believe and really believing 
that, should said Capt. Wankovvicz refuse to employ these two 
lawyers, as said Bodisco, minister from Russia directed him, he, 
said Capt. Wankowicz, might be severely punished on his return 
to Russia. This affiant further says, that on the occasion of said 
interview, Capt. Wankowicz communicated to this affiant a let- 
ter written in the Polish language, dated Paris, January, 1847, 
and signed " Terlecki," addressed to a cei tain Mr. Szyrma, who 
has a certain interest in the estate of Kosciusko as a legatee or 
purchaser of a certain small portion, — in which letter said Terlecki 
informs said Szyrma, that he, said Terlecki, is in communication 



with some lawyers in the United States; that he proposes to 
sail from France for the United States in a very short time; and 
thereupon he, said Terlecki, requests said Sz,yrn»a and tlie next 
of kin of Thadeus Kosciusko, to execute to him, said Terlecki, a 
power of attorney to recover the property which Gen. Kosciusko 
left in this country; and for his services he asks said Szyrma 
and the next of kin of said Kosciusko, to assign to him, said 
Terlecki, one half of the estate. This affiant further says, that 
he has reason to believe and does really believe that, the said let- 
ter has been made use of to connect the affiant with said Ter- 
lecki, in the proposition which said 'I'erlecki, made to the heirs or 
next of kin of said Kosciusko. This affiant therefore expressly 
and solemnly says and declares, that he does not know said 
Terlecki, never saw him, had no communication with him, neither 
directly nor indirectl}^ in this nor in any other business what- 
ever; that therefore the charj^e ot some connection of this affiant 
with said Terlecki is a cabal; an attempt to impeach the good 
name of this affiant. This affiant further says, tiiat the law being 
too slow to protect his right and good name, against these politi- 
cal machinations of said Bodisco, minister from Russia, he, said 
affiant makes this affidavit under the solemnity of his oath, for 
the purpose of setting forth before his fellow citizens of these 
United States, the actual position of this affair; which he does 
in the exercise of his right to use preventive measures in self-de- 
fence, to avert the injury to wliich the unrelenting persecution 
aforesaid, could expose him — before he can legally be protected 
by the Congress of these United States. 

Gaspard Tochman. 

Sworn before ) 

William Warfield. S 



No. 2. 

Baltimore, J^ovember 13, 1847. 
Saturday J 10 Jl. J\I. 
Dear Sir : 

My much esteemed friend. Major Tochman, feeling 
himself exceedingly offended by your treatment of him, whilst 
in the performance of his professional obligations, in presence 
of the honorable the United States Circuit Court Judges, sitting 
in Washington city, the members of the bar, officers, and citi- 
zens there in attendance •, that, without sufficient provocation, 



8 

if any at all, on his part, you applied to him the epithet 
^^ scoundrel P^ and menaced him in a violent manner. Such is 
the principal indignity offered to him, and which he considers 
his character, as a gentleman, requires of him to call upon you, 
formally, to retract and apologize for — and to do this in as 
public a manner as the insult was offered. Major Tochman 
feels that this is due to him, and as he avows that, he has never 
intentionally provoked you to resentment, or in any manner so 
acted towards you, as to have prompted you to have assailed 
him with such violence — he expects that upon reflection you 
will have no objection to comply with his demand as above. 

I feel confident in saying that, in thus calling upon you to 
repair the great wrong you have done my friend, he harbors no 
enmity towards you ; and as he reasons considerately, in which 
I concur, that he believes your violence towards him arose more 
from a too great susceptibility to passion, than from any cause 
of offence on his part. Major Tochman must, notwithstanding, 
protect and defend his honor from opprobrium. His tacit sub- 
mission to be so insulted would render him, not only unworthy 
of the countenance of society, but recreant to his honor as a 
man, and his professional fame. 

I cannot but believe, and very much hope, that you will 
promptly accord to Major Tochman what he asks. 

Be so good as to answer this communication as soon as 

possible. 

I remain, with high consideration, 

Your obedient servant, 

Jas. W. Schaumburg, 
Jos. H. Bradley, Esa. BarnunCs Hotel. 

Washington City. 



No. 3. 

Washington, \5th JVov. 1847. 
Jas. W. Schaumburg, Esq. 

SiR^ — Your very courteous letter of Saturday last, which I 
received to-day, requires an immediate and full reply. 

The individual who has complained to you was introduced to 
me some two years ago, and from that time he received nothing 



at my hands but the utmost hospitality and kindness, until Jan- 
uary last. He then wrote to Mr. Bodisco a letter most injurious 
to me, and filled with a tissue of falsehoods, which have since 
been fully demonstrated in open Court. I immediately dropped 
all intercourse with him, and so informed him in a letter, which 
I presume he has with him. Shortly after this, in the Orphan's 
Court, he persisted in addressing himself to me till after the 
Court had adjourned, when he proceeded so far, in an otfensive 
manner that I was obliged to tell him he was a liar, a blackguard, 
a scoundrel, and I believed a coward. This was, I believe, in 
January last, and in the presence of others. 

I had no further interview with him and heard nothing from 
him, until some time in May or June last, when, in the Circuit 
Court, as 1 concluded an argument he arose and said what I 
considered grossly insulting to me. I then told him, unless the 
Court took notice of it, and he apologized, I would horsewhip 
him before night, and he might prepare himself for it. The 
Court did notice it, and he explained, retracted and apologized 
to me. Thenceforth I resolved to disregard him; but he kept 
up a sort of running fire upon me by means of publications, made 
anonymously in certain newspapers, which at the proper time 
I shall probably trace out, and fully press upon him. Failing 
entirely by these means to provoke me to any further notice of 
him, on the trial of a cause in the Circuit Court more than ten 
days ago, he repeatedly interrupted the course of it, in a manner 
intended to be offensive to me. This I entirely disregarded, 
until at last when I was in the midst of my argument, and utterly 
forgetful of him, he broke in upon me with a gross charge, 
which was so sudden, so unlooked for, so entirely unprovoked, 
that I was for a moment thrown off my guard, and rushed upon 
him to strike him. Fortunately, my advance was embarrassed 
by a number of chairs, and before I could reach him he had sunk 
into a chair. 1 then did say to him, " you dirty scoundrel and 
coward, I will kick you out of court if you do not behave your- 
self." He immediately appealed to the Court for protection ; 
they interfered, reprimanded him for his conduct, and rebuked 
me for my violence. 1 immediately, and most humbly begged 
pardon of the Court, for the indignity I had ofi'ered them, and 
in self-abasement and in view of my own self-esteem, p/edge^Z 
my honor that, so Jar as I could possibly prevent it, no further act 
2 



10 

or language on his part^ should ever provoke mc to further notice 
of him. 

These facts are all notorious among the members of the pro- 
fession in this city. 

If I have done him the slightest injustice, there is no one living 
who would be more ready to redress it than I am. But you must 
perceive from the foregoing statement that I have hitherto in- 
variably acted on the defensive, and whatever I have said has 
been in repelling his attacks. 

I regret to have been obliged to write this statement of a per- 
son whom you have designated as your friend. I might, a year 
ago, have applied the same epithet to him. He alone is respon- 
sible for what has occurred. 

I need not add, to satisfy you, that towards yourself person- 
ally, whose courtesy in writing I have already acknowledged, 
that nothing I have said can be construed into the slightest per- 
sonal disrespect, I am, sir, 

Your very obliged serv't, 

Jos. H. Bradley. 



Wo. 4. 

Baltimore, Md. JV'ovember 17, 1847. 
My Dear Captain : 

I expect that you do not wonder, after reading Bradley's let- 
ter which I sent you last night, that I could not " keep cool" 
yesterday, and addressed three messages to you by telegraph, re- 
questing you to come to Baltimore immediately. Had that inso- 
lent letter came to my hands, before I placed my honor under 
your care to obtain redress from that man, the distance which 
separates me now from him would not have cooled me, and I 
know not what might have become, by this time, of him and my- 
self Respect for you only, my dear Captain, kept me within 
the limits which permit me to address you this morning from 
Baltimore. I received your yesterday's letter at half past eleven 
o'clock in the night, and will keep " cool and quiet" until you 
come here — but I beg you do not leave me too long on the tor- 
ture of coolness and quiet. I am indeed a quiet man, and have 
never been too hot; but I have never been tried in the manner 
that I am now : never before, my good name and honor were 
assaulted in this way, by any mad-man. 

I am unwilling to touch the dirty letter of Bradley, but some 



11 

exposition I deem necessary. When 1 ascertained that Bradlev 
and Fendall accepted Bodisco's proposition to get for them a 
power of attorney, direct iVom my clients the heirs of Gen. Kos- 
ciusko, 1 wrote to Bodisco the letters of which, two copies I 
forwarded to you last night. (See exhibits B, C.) The facts 
stated in those letters, I aver to be true — and the certiticate of 
the pubhc notary on tlie co[)y of the first letter, and the tone or 
tenor of that letter itself, prove, that this communication with Bo- 
disco was opened as a preventive measure to defeat the unfair 
and illegal intention of my antagonists. Bodisco, as I expected 
he would do, communicated those letters to Bradley and Fen- 
dall, after which they wrote me the letter marked D. The ex- 
liibit marked E is a copy of my answer to them. And the let- 
ter marked F, is their reply to it. After this, I tiled in the 
Orphan's Court, my power of attorney, and requested the Court 
to take notice that, Biadley and Fendall are no longer my asso- 
ciates — and of course have no right to interfere in the business 
of my clients, the heirs of Gen. Kosciusko. Bradley and Fen- 
dall, on their part, tiled in tliat Court a petition contesting my 
j)ower of attorney, and assuming to claim the absolute control 
of the business of the heirs — and in support of this their claim, 
they filed that /cxmows memorial of Bodisco addressed to the 
Judge of the Orphan's Court, which is inserted in the slip from 
a newspaper, which I sent you last night. (Exhibit G.) The 
question in whom exists the actual power of attorney of the 
heirs, was argued for two or three days. The last day, when 
the Judge left the Court, I said — I am very sorry to have such 
an unexpected and unpleasant difficulty with the gentlemen whom 
I associated with myself as counsel of the heirs. Bradley smiled 
with irony — to impress those who were present that there was 
some wrong on my part in this affair. This of course compelled 
me to say — that it was not for my own sake that I was sorry — 
as I have no reason to reproach myself in the premises. At 
this Bradley began to insult me. As far as I Recollect, he did 
not use the words which he has inserted in his letter to you: — 
the words by which he insulted me, then, were " scoundrel — 
rascal," which were returned to him instantly, and I left the 
Court. This happened on the very day when 1 told you what 
occurred between Bradley and myself, and requested your 
friendly assistance in the pi-emises. Having returned Bradley's 
insult in his own words, (which I considered as a partial satis- 
faction done myself) and for other reasons, which I explained to 
you at the moment when I communicated to you this affair, I 
did not press this matter further, to obtain full satisfaction from 
Bradley •, you know, it remained postponed until another time : — 
and this time has now come. 

The history of the affair, which happened in " May or June," 



12 

has been also misrepresenled by Bradley in his letter fo you. 
It refers to a case ol ihe heirs of Kosciusko v. Armstiong : when 
the association between Bradley, Fendall and myself was bro- 
ken, I moved the Court to strike out their names from the docket 
in that case, and in others; they beini;; no longer my associates, 
and of course bavins^ no right to stand on the docket upon which 
they entered as my associates, and under my power of attorney. 
The Court ovei ruleil my motion — and decided that each of us 
should be heard until the heirs themselves settle — which of us 
has the better right to appear lor them: — the Court said they 
would not look behind the docket. Soon after that, Armstrong's 
case was argued. Bradley spoke after me — and when he set 
down, I protested against a portion of his argument which I 
considered to be prejudicial to the interest of my clients. Brad- 
ley took it for an insult, and called upon the Court to protect 
him — or, he said — "I will take justice into my own hands!" 
The Court reprimanded him for the last words — but at the same 
time suspended the argument ui the case, and proceeded against 
me. They wrote a decision reprimanding me for protesting 
against Bradley's argument, and commanding me to retract it — 
and apologize to fhadley. I refused to comply with that deci- 
sion of the Court, and told the Court that they had no right to 
trample upon my lights and feelings; — that, being the only at- 
torney with authority from the heirs, I am the only judge as to 
how their interests should be defended — and for this 1 am re- 
sponsible to them and nobody else ; — that my protest against 
Bradley's argument was merely the exercise of my right to 
defend tlie rights of my clients; that if the Court infers any in- 
tended ott'ence to Bradley from my protest — so far as the Court 
infers such offence — I disavow it out of respect to the Court — 
but with an express declaration on my part, that my protest 
against Bradley's argument was made in the exercise of my duty 
towards my clients — and to protect myself from responsibility 
towards them hereafter: for what may be done by Bradley, I 
alone am responsible to them, be having been employed by myself 
without their consent or knowledge. This sort of apologetical 
explanation, the Court refused to accept; two or three decisions 
were written with some modifications, to force me to apologize 
to Bradley — " unconditionally" — to each of them I refused to 
comply. One of the judges said that, I should respect not only 
the Court, but " Mr. Bradley too" — to which I answered, " I do 
respect him as much as he does me, and no more." This an- 
swer caused a general laughter. The Court then, requested me 
to reduce to writmg what apology I would offer — which I did — 
stating the whole case in substance, exactly as I have explained 
here. The Court refused again to accept my apologetical expla- 
nation, and said that they would take the matter under advise- 



IS 

nient. The enclosed extract of a report from the Baltimore 
Sun, imperfect as it is, will show to you that in the way which I 
stated here, the matter in the premises was concluded.* And 
the Court has it lo this day under advisement. So much, then, 
for the veracity of the part of Bradley's statement referring to 
this occurrence, and telling you that I "retracted, (meaning my 
protest) and apologized to him." 

The history of Bradley's last assault upon me in the Circuit 
Court, is also misrepresented by him. And to make you ac- 
quainted with the actual character of this last occurrence, I am 
obliged to go behind what I stated in my letter of the 6th inst. 
When I accepted the power of attorney from the heirs of Gen. 
Kosciusko of Estko branch, I found out that another branch, 
(the Zolkowski branch) had no attorney, nor counsel, nor agent 
in this country. I undertook, therefore, to defend their interest, 
which I did as their former countryman, and notified them to that 
effect. After that, I associated myself with Bradley and Fendall, 
to have their legal assistance. The articles of this association 
were reduced to writing on the 29th day of November, 1845. 
It was expressly understood between Bradley, Fendall and 
myself, when the agreement was made, that we associated under 
my authority from the Estko bianch, and that with the Zolkow- 
ski branch I had to open a communication to obtain the author- 
ity. We then filed a Bill of Review, praying the Court to 
review certain decrees, which Armstrong obtained against the 
estate, previous to my taking charge of the business of the 
heirs. The Bill of Review was drawn by Bradley in his 
own hand-writing, and he put to it the names of Fendall and 
myself; which he did under authority from us. After the Bill 
was filed, I perceived that some material facts were omitted. I 
called, immediately, the attention of Bradley and Fendall to 
these omissions, and proposed an amendment of the Bill. To 

* From the Baltimore Sun of the 3d of June, 1847. 

Washington, June 2d, 1847. 

Ciraiit Court. — Etslco and others v. Armstrong and Bomford, administrators 
of Kosciusko. Mr. Bradley resumed his argument this morning, in behalf of 
the complainants, and against the demurrer put into the bill of review. When 
he had concluded his address, Mr. Tochman arose and protested against a por- 
tion of the argument of Mr. B. as tending to favor the other party. Mr. B. re- 
sented this language, and demanded the protection of the court. 

After various explanations, and a disavowal on the jjart ot Mr. Tochman, of 
any intention of injuring the feelings of Mr. Bradley, the court drew up a form 
of an apology, which they required Mr. T. to sign. After perusing it, he sug- 
gested an amendment, and the court then decided, they would hold the matter 
under advisement until to-morrow morning. During this rather novel episode 
to this otherwise dry, antique and intricate case, somewhat of an excitement 
prevailed amongst the members of the bar, and in the court room generally. 
However things soon assumed their usual aspect, and the argument in the cause 
was continued by Mr Fendall for complainants. Mr. Cox spoke in reply until 
the adjournment of the court. 



*4 

this tliey both objected, insisting that the Bill was sufficient. 
Some lime after, Armstrong demurred to our Bill of Review, 
It was on the occasion when that demurrer was argued, that 
aroused that difliculty between Bradley and myself, which I 
sketched in the preceding part of this letter. The demurrer 
was ruled good, and our Bill of Review was dismissed, on the 
very ground of the omission of the facts to which [ called the 
attention of my then associates. In this stage of the case, came 
to this country — a captain in the Russian army — Ladislaus 
Wankowicz, who is one of the next of kin of the Zolkowski 
branch, for which brancli I undertook to act as their attorney, 
and notified them of it. Whether he came here of his own free 
will, or in consequence of the order of his government, is alto- 
gether immaterial; 1 only call your attention to the fact that 
Bodisco directed him to employ Bradley and Fendall as his 
counsel — which he did, as you know, from my affidavit. (See 
exhibit A, pages 6, 7.) 

This occasion Bradley seized to make a new assault upon 
me. He obtained an affidavit from Capt. Wankowicz, that he 
never employed any counsel to defend his interest previous to 
his coming to this country — (which is true, for he is one of the 
Zolkowski branch, for whom I undertook to act as attorney, as 
heretofore explained.) But Bradley, either to smother his mis- 
take in the Bill of Review drawn by him — as I stated above, or 
from some other motives unknown to me, instead of amending 
said Bill of Review, prepared, upon the ground of that affidavit, 
in the name of Capt. Wankowicz, a bill in the nature of a Bill 
of Review, to have the Arnistrong''s case reheard — and moved 
the Court for leave to file it, and during his argument, made 
insinuations that I had fraudulently entered on the original Bill 
of Review, my name as attorney of said Capt. Wankouicz, and 
jraudulenily induced him and J\Jr. Fendall, to enter their names 
for him, as my associates. Of course, I interrupted him imme- 
diately, and refuted the false imputation. To make you per- 
fectly familiar with the character of this false imputation, I 
enclose here a copy of the agreement heretofore referred to, 
which I made with Bradley and Fendall, and call your atten- 
tion, specially, to the underlined part of it. (See exhibit H, 
part printed in italics.) As I stated in my letter of the 6th 
inst., Bradley could not meet my refutation by any argument, 
and assaulted me in the manner which I have described in 
that letter. His saying that the "chairs" prevented him 
from striking me in Court! is not true; — my answer '■'■try,^'' 
caused bim to change his purpose, and he was glad to see the 
Deputy Marshall place himself between liim and myself — which 
interposition between us, gave the hero I the boldness to call me 
" scoundrel and coward.'''' The proceedings of the Court on 



15 

that occasion have all been misrepiesented in Bradley's letter to 
you. It is true that I called upon the Court to protect me — but 
one of the judges said nothing — another turned round his face 
and laughed — and the third scarcely uttered the words, " it is 
very improper, Mr. Bradley, very improper indeed." After 
which Bradley made a sort o( mock apology to the Court. And 
when upon that 1 called upon the Court to take notice of what 
Bradley had done and said — Judge Morsell violently answered, 
" Mr. Tochman, if you say a word more, I will order the Deputy- 
Marshall to take you out of the Court." Seeing that I was en- 
tirely without protection, and that the Court countenanced and 
suffered the insult which Bradley offered both to the Court and 
to myself — I of course followed the direction of prudence — and 
left the Court. It was my intention to separate the conduct of 
the Court in the premises from that of Bradley, and I have not 
fully stated it in my former letters to you ; but it seems to me, 
that Bradley's answer to your letter, authorizes me to disclose 
to you, even the conduct of the Court — and I do so out of. re- 
gard to my own self-respect. 

This whole transaction shows how much my feelings must 
have been wrought upon. I beg you then, my dear Captain, to 
come back here ; from here, only, you can act effectively. 

Bradley seems to attempt to reflect upon my conduct, that 
1 did not apply to you until after ten days had elapsed from the 
time of his last assault, please then to take notice that I wrote 
to you on the 6th inst. praying you to take this matter into your 
hands. 

I am very respectfully, and with the 

highest consideration, your most 

obedient friend and servant, 

G. Tochman. 

Capt. James W. Schaumburg, 
Philadelphia, Pa. 



No. 5. 

Philadelphia, JVovember 11 th^ 1847. 
My Dear Major : 

I have received your letter, with that of Mr. 
Bradley. I had expected to receive from him either a gentle- 
^mauly submission, or something that would make him still more 
in the wrong; as unacceptable as his letter is to us, still, I do 
not think proper to precipitate matters with him — a little time 
can do no harm, and may work a happy result. You must not 



16 

think, because I delay, that 1 do not take the most lively interest 
in your behalf — as a friend and adviser in such serious matters; 
it is better to be cool and considerate. I am bound to make 
peace, honorable to you, and satisfactory to the adverse party 
also, if it can be done. I am opposed to headlong and violent 
atjtion — and I shall see that all respect for ourselves be observed, 
and when every fair inducement is disiegarded, we can take 
the alternative which must be uncompromising and determined. 
We shall then see who is the " coward," the " dirty scoundrel," 
&c. I must press upon you to be at rest, and calm yourself. I 
shall obtain for you all the satisfaction you can desire. But if 
Mr. Bradley obstinately opposes reconciliation, we then can de- 
mand personal satisfaction; if he shrinks from this, then you can 
resort to publicity of his course of conduct. This is my advice, 
and you must be governed by it, if I am to act further in the mat- 
ter. I wish to have three or four days more to consider; I have 
taken such steps as will, I hope, by that time, bring matters to 
a close. 1 have a perfect understanding of the whole difficulty, 
and Mr. Bradley's letter is of no advantage to him, but will 
show greatly to his prejudice should it become necessary to 
publish it, more especially so when contrasted with my letter to 
him, to which it is a reply. 

I remain your friend, 

Jas. W. Schaumburg. 
Major Gaspard Tochman, 
Now in Baltimore. 



Wo. 5. 

Philadelphia, JVovemher 19, 1847. 

Dear Sir : 

I received your acknowledgment of the receipt of my 
communication, and for reasons, not necessary to mention, I 
have delayed responding to your letter; which, I must not 
refrain from saying, is not the point proposed for your consider- 
ation — as necessary either to a happy termination or recon- 
ciliation, at least, in so far as my friend. Major Tochman, is 
concerned. You could hardly suppose me to have addressed 
you on the subject, without first understanding thoroughly the 
merits of the case, the pros et cons, and of the position in which 
Major Tochman and yourself stand in relation to each other. 
I did not call upon you for an explanation, or, as you say it, 
" a full statement of what you remembered, from first to last, as 
having provoked or aggravated hostile feelings, reproaches, 
menaces, and unworthy epithets ;" therefore, understanding the 



17 

difficulty between 3'ourself and Major Tochman, I could not 
have asked for an explanation or a statement from you, and, as 
presented by you, 1 consider as superogatory. You acquit your- 
self of any disrespect to myself, in presenting the conduct of 
my friend towards you, and your denunciation of him. I could 
not of course suppose that you would treat me with discourtesy ; 
yet, I must say, that it would have been considerably less 
objectionable, had you confined yourself to the question; that 
is, that you would say promptly, whether you would or would 
not retract and apologize in as public a manner as the highly 
insulting expressions and unmerited atfronts were offered. I 
regard with too much respect the high toned honor and unim- 
peachable character of my friend, and in his very act in the diffi- 
culty with you, to hesitate for a moment to give him my entire 
approval. I sincerely desire that you should not continue to 
stand in a position so unbecoming a gentleman of your high 
character, as a leading member of the bar and of society. I 
make no appeal to you, other than to your sense of justice, and 
1^ as becomes the dignity of an honorable gentleman — submitting 
to nothing that was wrong, and demanding nothing but what 
was right. Rely upon it, Mr. Bradley, you will forfeit much, 
by not doing as I — I will not say advise you to, for it is not my 
right to do so — suggested. 

You will not misapprehend me; I treat with gentlemen, 
always without suspicion and upon honor, I scorn to take any 
advantage. 

I close this communication with a hope, that you will not 
hesitate to accord what has been presented for your considera- 
tion. I leave here for Baltimore, and await your answer 
there. 

I remain, with high respect, 

Your obedient servant, 

Jas. W. Schaumburg. 

Jos. H. BaADLEY, Esa. 

Washington City, D. C, 



Wo. 7. 

Washington, 22d JVov. 1847. 
Sir: 

At the time I received your first letter, and from that time 

to this moment, I have been incessantly engaged in Court or in 

the preparation of causes, and I was and am now obliged to 

write hurriedly. Your first letter was received and answered 

3 



18 

immediately, in the same spirit in which it was written, and in 
which I now write, and I hoped I had been sufficiently explicit. 

The cause of complaint, as I understand it, is certain oppro- 
brious epithets used by me in the course of the present term of 
the Circuit Court. 1 thought I had stated with abundant preci- 
sion that they were in reply to, and immediately provoked by a 
sudden and gross charge. That was a charge of fraud openly, 
and without provocation alleged against me in open Court by 
him. Has it occurred to you that the cause which led to the 
use of the epithets should first voluntarily be taken away before 
you can reasonably expect me to say a word about them. Let 
your friend do what is right in the matter, and he shall find me 
quite as ready to redress, as he seems to think me ready to in- 
flict injury. 

Or, am I to understand that you think he was right to charge 
fraud on me, and then, that I should voluntarily withdraw the 
epithets provoked by that charge ^ 

I am, sir, your most ob't serv't, 

Jos. H. Bradley. 

Jas. W. Schaumbubg, Esa. 
Baltimore. 



No. 8. 

Baltimore, JYovember 25, 1847. 
Sir: 

I am in the receipt of yours of the 22d inst. in answer to 
mine of the 19th. You tell me your engagement in Court, &c. 
has taken up all your time — I am very sorry that you are so 
much employed, as not to allow you half an hour in two days, 
to write a few lines. " The cause of complaint, as I understand 
it, is, certain opprobrious epithets [and menaces] used by me in 
the course of the present term of the Circuit Court," — exactly so. 
And you further say, " I thought I had stated with abundant 
precision, that they were in reply to and immediately provoked 
by a sudden and gross charge. That was a charge of fraud, (I 
underscore your words, and will do so as I progress) openly 
and without provocation alleged against me in open Court by 
him" — Major Tochman. Now sir, let me quote from your letter 
of explanation, or " statement," in which you think you " had 
with abundant precision" represented to my understanding. As 
you are a lawyer, I shall be brief and to the point; first inform- 
ing you, that I cannot recognize a change of issue, or as lawyers 
say, look behind the record. What was the offence of Major 
Tochman towards you, to call forth the epithets, " dirty scoun- 



19 

drel and coward," and that you would " kick him out of Court, 
&c ?" I quote your own words, " On the trial of a case in the 
Circuit Court, * * he (Major Tochman) repeatedly inter' 
rupted the course of it, in a manner intended to be offensive to 
me. This I entirely disregarded^ until at last, when I was in the 
midst of my argument and utterly forgetful of him, he hroke in 
upon me entirely unprovoked, that I was for a moment thrown 
off my guard and rushed upon him to strike him. Fortunately 
my advance was embarrassed by a number of chairs, &c." " I 
then did say to him — •• You dirty scoundrel and coward, 1 will 
kick you out of Court if you do not behave yourself. '^ He imme- 
diately applied to the Court, (as well as he might !) for protection, 
they reprimanded him for his conduct, and rebuked me for my 
violence !^^ These " facts," you say, " are all notorious among 
the members of the profession in this city." (It would be bet- 
ter if such was not the case, for the honor and dignity of the 
Court and the profession.) What " facts ?" You say, that Major 
Tochman gave you mortal offence — what did he do? You say 
" on the trial of a cause in the Circuit Court * * he repeated- 
ly interrupted the course of it," — " interrupted^^ you whilst speak- 
ing — You do not say how or in what way he interrupted you — 
you say he did it in a manner intended to be offensive : Was this 
not imaginary on your part? It was not simply the being " in- 
terrupted by my friend that excited you to " violence,''^ for you 
tell me, that " this I entirely disregarded,^'' but, whilst " utterly 
forgetful of him, he broke in upon me entirely unprovoked, with 
a gross charge, which was so sudden," &c. You then applied the 
outrageous epithets, " dirty scoundrel and coward," and threaten- 
ing to " kick him out of Court !" I cannot imagine any thing a 
gentleman could do, that would prompt another to such violence. 
Your "statement" of what you remembered, for my information, 
does not say what was the " gross charge" alleged against you 
by Major Tochman. But in your letter now before me, you 
say, " I thought I had stated with abundant precision that they 
(the opprobrious epithets) were in reply to, and immediately 
provoked by a sudden and gross charge. That was a charge of 
fraud, openly and without provocation alleged against me in open 
Court by him." Upon this being shown to Major Tochman, he 
denies such was the case, and says that he did or said no more 
than any other lawyer would be bound to do, acting in good 
faith to his client's rights, and as become his dignity as a gen- 
tleman. 

You say to me interrogatively, " Has it occurred to you, that 
the cause which led to the use of epithets, should first voluntarily 
be taken away before you can reasonably expect me to say a 
word about them ?" This is easily answered — it depends entirely 
upon the facts of the case — the first to give offence, should be 



• 

the first to advance ', it is becoming an honorable man to con- 
fess his errors and apologize. You admit that you were " re- 
kffcerf" by the Court for your "vfoience." Or, you say, " am I 
to understand that you think he (Major Tochman) was right to 
cliarge fraud on me, and then that 1 should voluntarily withdraw 
the epithets provoked by that charge ?" To this I have only to 
say, that the "charge of fraud'' made against you, as you say, 
by Major Tochman — I was not informed of by you in your 
" statement'''' — the word fraud is not in your letter, and Major 
Tochman, in all he has written or said on the subject, to myself 
and others, has never charged you with fraud. 

You say this was done in " open Court.'" If Major Tochman 
alleged against you "/rat/d," it must be explained by him, and if 
he cannot sustain the allegation, he should make the most ample 
apology, and it would follow, that if he did not so allege, you 
would do likewise. I shall not be the mediator or friend of one 
party, to the doing injustice to another: though I act as the 
friend of Major Tochman, I am as anxious that you should stand 
upon grounds, as I am that the outraged feelings of my friend 
should be appeased. 

What is to be done to bring about a satisfactory understand- 
ing in this unpleasant affair ? 1 would suggest that you would 
ask a friend, to meet me in Baltimore to arrange between our- 
selves, and whatever our decision should be, that yourself and 
Major Tochman shall abide by. 

I cannot, after this letter, hold further correspondence with you 
as principal. Tf you will agree to my suggestion, I shall be 
happy to meet your friend here, which he will inform me o( by 
telegraph to-morrow — address to me at Philadelphia. 
I am, sir, your very obedient servant, 

J AS. W, SCHAUMBURO. 

Jos. H. Bradley, Esa. 

Washington, D. C. 



Wo. 9. 

Philadelphia, JVovember 30, 1847. 
Sir •- 

You have not thought proper to communicate to me, 
through a friend, whether you would submit to reference the 
subject proposed, between Major Tochman and yourself, in my 
letter of the 25lh inst. My friend wishes to terminate the mat- 
ter speedily as possible, in a way satisfactory to his wounded 



21 

honor (and as recognised by gentlemen, when apologies and 
explanations are denied or insufficient). 

Herewith, then, I have to present his note addressed to you, 
which you will receive and consider as being handed by me in 
person. I have to request your immediate acknowledgment, 
either by yourself or a friend. If your answer be by a friend, 
let him inform me by telegraph when and where to meet him to 
arrange matters. 

Much time has been consumed, altogether by my own will — 
excepting your delays in answering my letters — in the endeavor 
to induce you to come to terms satisfactory to both Major 
Tochman and yourself, and 1 have the conscientious satisfaction 
of knowing that I have felt and acted from the best feelings, 
and most sincere desire to reconcile matters between you ; fail- 
ing in this, I have nothing further to say on the subject, other 
than future preliminaries may make necessary. 
I remain, your ob't serv't, 

Jas. W. Schaumburg. 

Jos. H. Bradley, Esa. 

Washington City, D. C. 



Baltimore, Md., JVovember, 1847. 
Sir : 

Having failed to obtain from you a retraxit and apology, 
for the gross and unwarrantable insults offered to me by you, I 
have to call upon you, to report your willingness to conform to 
the usages — recognised by gentlemen in the settlement of per- 
sonal matters. My friend. Captain Schaumburg, will hand you 
this, and receive your answer. 

1 remain, your ob't serv't, 

G. Tochman. 
Jos. H. Bradley, Esa. 

Washington City. 



No. 10. 

Washington, 3d Dec. 1847. 
Sir, — I have this moment received your letter dated the 30th 
November, 1847, accompanying one enclosed in the same en- 
velope, from your friend, demanding satisfaction of me. You 
speak of the delays which have occurred in the course of our 
correspondence, and attribute it in part to my delay in answer- 
ing your letters. In regard to that, 1 take this opportunity to 



22 

say that each and every one of your letters was answered on 
the day it was received, and not a mail was allowed to pass 
without an answer.* In regard to the letter accompanying your 
own, I have only further to add, that the letters I have already 
addressed to you have aflorded to him a full opportunity to 
relieve himself from the epithets and menaces provoked by his 
immediate attack. He has not availed himself of that oppor- 
tunity, and I do not feel myself under the slightest obligation to 
respond to him in any other manner. 

I am, sir, your most obedient servant, 

Jos. H. Bradley. 
James W. Schaumburg, Esq. 

* Memo.— Of course this does not refer to your letter of the 25th of Nov. 
which I did not understand as requiring any answer. 



No. 11. 

Philadelphia, December bth, 1847. 
My Dear Sir : 

I enclose Mr. Bradley's reply to my last communication, 
covering your demand for honorable satisfaction. The letter 
of Mr. B. requires but a single comment. He previously 
" violently^'''' — to use his own word, assailed you in the open 
court — denounced you as no gentleman would denounce 
another — he told you that you were a " cotcarcZ," &c., and 
when he is called upon to retract and apologize, in as public a 
manner as he insulted you, he refuses to do so; nay, more, he 
does not accept the amicable proposition to allow a friend to 
meet me, for the purpose of arriving at a just and friendly under- 
standing. This suggestion or proposition, was made in my letter 
of the 25th November, and I asked for an answer immediately, 
or the next day, by telegraph, this to be communicated to me 
by such friend as he would authorize — to say whether or not he 
would submit the difficulty, between you and himself, to the as- 
certainment or decision of such friend and myself. No answer 
was sent to me, and after five days waiting, I addressed him the 
letter of the 30th ult. presenting to him, your demand — to " re- 
port his willingness to conform to the usages recognized by gen- 
tlemen in the settlement of personal matters," &c. Mr. Bradley 
in reply, says, that he does " not feel himself under the slightest 
obligation to respond" to your invitation, and this too, after hav- 
ing " violently''' denounced you as a " coward^ Mr. Bradley, 



23 

with self-complacency, co-equalled only by his superlative obsti- 
nacy and presumption, refers me to his letters, to show, that he has 
offered you ample opportunity to obtain from him an acknowl- 
edgment of wrong on his part towards you — as if his forbear- 
ance and magnanimity were appealed to ! Had he really felt and 
appreciated your patience and propriety, and the opportunity so 
earnestly urged upon him by me, he could not have hesitated 
to accept my proposition, communicated to him at the close of 
my letter of the 25th ult. viz: to ask a friend to meet me, and 
to agree to abide by such decision as his friend and myself could 
have arrived at : I at the same time pledging myself, that you 
also should submit — and particularly remarking, that if you had 
alleged against him an act of ^^fraiid,^'' which you could not 
clearly manifest^ you should first make the most ample apology. 
Howw he has received and considered this fair proposition, his 
letter shows. It is not a difficult thing for an honorable and 
brave man to do justice — and the highest evidence of a man's 
courage, or that he is not a coward, is that moral courage which 
inspires one to be himself above doing intentional wrong, and to 
be always ready to answer for so doing, either by submission 
to the counsel of friends, or the just demands of the injured 
party. Mr. Bradley has convinced me, that he has from the 
first entertained a strong self-approval, and an idea that he is 
licensed to denounce with impunity an honorable and inoffensive 
gentleman as a " coward," but has not the pride or ambition to 
prove himself any thing else than a bully and slanderer. 

I have, then, to relieve you from all control to me, and permit 
me to say, that your honorable and gentle course of conduct 
greatly contrasts with that of the person with whom you have 
had the mortification and pain of personal difficulty. 

I remain your obedient servant and friend, 

Jas. W. Sghaumburg. 

Major G. Tochman, 
Baltimore^ Md. 



24 



EXHIBITS. 



Washington, D. C, January 18, 1847. 
Sir: 

After my interview with your Excellency in November^ 
1845, I made agreement with Messrs. Fentlall and Bradley, 
whereby we associated and engaged to defend the suits of^Est- 
kos and Zolkowskis, claiming the fund which Gen. Kosciusko 
left in this country. A few days, then, I requested my associate* 
to beg you, to transmit to the heirs two letters unsealed, inform- 
ing them of this agreement, and requesting them to secure to us 
such allowance for our fees as we thought to be authorized to ask. 
These letters had been returned to me with the answer that your 
Excellency wished to supersede my power of attorney — and to 
this end had sent (or proposed to send) to St. Petersburg a 
draught of a power of attorney in the name of Messrs. Fendall 
and Bradley, requesting the government of his Majesty, to ob- 
tain thereto the signatures from the heirs. As this power of attor- 
ney has not come yet, and the expectation of my associates — and 
especially of Mr. Fendall to obtain it, creates a misunderstanding 
between the counsel of the heirs; you will therefore excuse the 
liberty of saying a few words in relation to this subject. 

In 1845, when I came to Washington to take charge of the 
claim of the heirs, I found in the Orphan's court, a bond of ad- 
ministration in the penalty of $56,000 — which Mr. Boraford filed 
in 1832, to secure thereby the estate of Gen. Kosciusko. Upon 
further examination (a few days after the letter which I addressed 
to your Excellency on the 23d of November, 1845) I found out 
that the sureties to said bond of administration, died insolvent 
some years ago. The whole estate, then, for many years was 
without the least security; and Messrs. Fendall and Smith — the 
former counsel of the heirs, knew nothing thereof. Through my 
exertions we have now security for $20,000 — which Mr. Bom- 
ford was compelled to file on the 7th day of May, 1846, (the 
petition upon which this security was obtained was filed by Mr. 
Fendall, but he did it as my associate, and I urged it,)* and we 
have secured $5,800 in the Bank of Washington, by injunction 
(should be, by notice to the Bank.) And the proceedings are de- 
pending in the court, to obtain further security for the residue of 

* The bracketed sentences are explanatory additions. — g. t. 



25 

llie estate — which with the interest for the last two years amounts 
to about or over $25,000 more. But this is not all which I have 
done for tlie heirs. Your Excellency is aware that, there were two 
Wills of Gen. Kosciusko set up to bar the claim of the heirs. One 
of 1798, creating a trust and disposing of the whole fund in behalf 
of the negroes — and another of 1806, whereby Gen. Kosciusko be- 
queathed to Mr. Armstrong a legacy which at this time with the 
accumulated interest makes more than $10,000. Messrs. Fen- 
dall and Smith, whom your Excellency retained as counsel for the 
heirs, did not make any step to set aside the Will of 1798; — an 
attempt was made by their predecessors, Messrs. Swann and 
Sampson, to avoid it on the ground that the trust created thereby 
is indefinite: but they were unsuccessful, as the Circuit Court 
for the District of Columbia dismissed their bill, in 1831. 

The Supreme Court of the United States, in 1833, reversed 
the decree of the Circuit court — with the permission to amend 
the bill — which they did in 1835 — and the cause was awaiting 
for a new trial : but its issue was very uncertain, as the courts of 
Chancery have the power to cure the defects of charitable be- 
quests. This uncertainty is now removed: — a few days after 
my interview with your Excellency, I discovered that Gen. Kos- 
ciusko made and executed another Will in 1816 at Soleure, in 
Switzerland — whereby he revoked all the previous Wills, testa- 
ments and codicils. That Will had been deposited and recorded 
at Fontainebleau in France — and its existence was carefully kept 
from the knowledge of the heirs for the 29 years past. 1 made 
immediately an application to the French authorities for an au- 
thenticated copy thereof, and on Friday last we have proved and 
recorded it in the Orphan's court of this District. This pro- 
ceeding settles the matter so far, that nobody else but the heirs 
have to take the whole fund which Gen. Kosciusko left here. It 
sets aside also the Will of 1806 — so that the $10,000 adjudicated 
to Mr. Armstrong by the decree — the execution of which I stop- 
ped in November, 1845, are also saved to the heirs. (Bradley 
moved the court to stop the execution, but at my request and as 
my associate.) And your Excellency will undoubtedly recollect, 
that Messrs. Fendall and Smith, gave you an opinion that this 
legacy must be paid to Armstrong. 

Under my control, then, and through my exertions only, the 
right of the heirs is already established to the whole fund. And 
had Messrs. Swann and-Samp»on, and after their death, Messrs. 
Fendall and Smith, done their duty — had they not permitted Mr. 
Bomford to collect the moneys of the estate and to speculate 
therewith — we could recover now the whole fund without any 
further litigation. But as they permitted Mr. Bomford to collect 
all the moneys, except only 5800 being in the Bank of Washing- 
ton (this is the Stock) — we must sue Mr. Bomford to recover 
from him by way of execution what we can — and then sue his 
sureties to the bond — which we obtained in May last — to make 
up the balance which we shall not be able to raise out of his own 
property. 4 



26 

I have given to your Excellency this brief sketch of the 
present condition of the affairs of the heirs, to show — that 
much as I have already done to secure their claim, there remains 
yet much to be done ; and they may be yet defeated — if their 
business is not properly attended to. And to show also, that to 
supersede my power of attorney, when the heirs owe to my exer- 
tions and services, whatever they shall recover, would be the 
most flagrant and the most unequitable injustice. I am aware 
that political principles, seldom admit justice and equality due 
to individuals — when the interest of the state or empire is con- 
sulted. Wherefore, I do not accuse your Excellency — nor the 
government of his Majesty — of any iniquity in the design to 
reach and punish me in the character of American citizen — for 
my political doings in Poland. But I beg leave, with due respect, 
to submit to you and to the government of his Majesty, this pecu- 
liar position in which we find our respective rights. It is to be 
expected, and it cannot surprise — neither your Excellency nor 
the government of his Majesty, that if the power of attorney, in- 
tended to supersede mine — comes and be made use of — I shall 
defend my right by all possible means. Let us, then, suppose 
that the present administration shall refuse to interfere in my 
behalf in this controversy: — because the heirs of Kosciusko are 
the subjects of his Majesty and within his exclusive power. My 
course would be — to sue Messrs. Fendall and Bradley (to take 
legal measures against them) — to set aside their power of attor- 
ney as obtained by undue means and contrary to law — to impair 
the agreement which they made with me and which I hold in my 
hands. They have been participants in the measures which your 
Excellency adopted against me — and the consequence thereof is, 
that they cannot make good their power of attorney, to prejudice 
thereby my rights. And the fact that your Excellency requested 
them to draw that power of attorney, will not make better their 
cause. But for the sake of argument I admit that I mistake the 
law, as to this point: your Excellency and the government of 
his Majesty would not attain the purpose aimed at — even if such 
were the case — for the law of this country secures to me the 
whole allowance and the reimbursement of all the costs which I 
laid out and advanced for the heirs. It secures them to me un- 
der all circumstances — to wit: whether I gain or lose the suit 
which I should bring against Messrs. Fendall and Bradley ; and 
also whether the heirs should revoke my power of attorney, 
obeying the order of his Majesty's government — or whether they 
should do it of their own free will ; as in my proceedings 
no departure from my duties of their attorney, can be attri- 
buted to me. This my right — is so positive and so secured by 
the Constitution of these United States, that no interference of 
any government on the face of the earth can deprive me thereof. 
And as I have a lien for my dues on the fund of the heirs — being 
in this country ; they cannot be reached by the Ukas of his Majesty 
whereby it has been ordered to confiscate my property in Poland. 



27 

I have taken the liberty of setting forth before your Excellency 
this explanation — frankly and openly — with a sincere desire to 
remove, if possible, the difficulties thrown in my way, without 
resorting to the measures which could give uneasiness to many 
persons — and no advantage to the government of his Majesty. 
A mutual understanding and support, in acting on behalf of the 
heirs, is very desirable. It could shorten the legal proceedings 
and give your Excellency the satisfaction of transmitting to the 
heirs their fund — perhaps in the course of this year. If then my 
overture is acceptable, I beg your Excellency to inform me there- 
of, that I may communicate on the subject with you. 
With the assurance of the high respect, 

I have the honor to be 
Your Excellency's most obedient, 

G. TOCHMAN. 

To His Excellency de Bodisco, 
Envoy Extraordinary and Minister 
Plenipotentiary of Russia. 

Washington Citv, Jan. 18, 1847. 

I hereby certify that the within and foregoing is a true copy 
of a letter tlfls day addressed to Mr. Bodisco. Minister from 
Russia — by Maj. G. Tochman, and by me this day deposited in the 
Post office in this city. Witness my hand and Notarial Seal — 
the day and year above stated. 

[LS] John F. Callan, Notary Public. 



Washington, D. C, January 22, 1847. 
Sir: 

In addition to what I stated in my letter of the 18th inst. I 
beg leave to inform your Excellency, that last September we filed 
in the Orphan's Court a petition praying that Mr. Bnmford be 
required to give further security. This petition was dismissed, 
and I appealed from the decision. The appeal, however, could 
not be argued during the last term of the Circuit Court — it was 
necessary to wait until the next March — so I filed in the Circuit 
Court a " Bill Quia Timet,^^ stating the danger in which 1 found 
the estate of Kosciusko, and praying for an order that Mr. Bom- 
ford be compelled to bring the moneys into court. The court 
would not refuse such order — and the consequence thereof would 
be that should not Mr. Bomford comply therewith, his property 
would be sequestered and his body taken into custody. Messrs. 
Fendall and Bradley were opposed to this measure. One of them 
even left the court when I made the motion — but I carried my 



28 

plan notwithstanding. This compelled Mr. Bomford to give us 
further security, which he filed in the amount of 40,000 dollars 
more, after I wrote my last to your Excellency. [ have given 
then my consent to withdraw the " Bill Quia Timet" — as this ad- 
ditional security has been filed under this condition — which I 
accepted, preferring the security for 40,000 dollars to the body 
of Mr. Bomford * * * * * * 



Our sureties are, Messrs. James Carrico and Samuel Slott for 
20,000 dollars mentioned in my letter of the 18th inst. and 
Messrs. Jacob Gideon and Ulysses Ward for the 40,000 dollars 
now secured. I believe that the last two are known to your 
Excellency as wealthy men. . The son of Mr. Bomford and Mr. 
B, Snjith are also our sureties — but rather pro forma. 
Allow me, sir, to repeat the 

assurance of my respect, 

Your Excellency's most ob't, 

G. TOCHMAN. 

To His Excf.llency de Bodisco, 

Envoy Extraordinary and Minister 
Plenipotentiary of Russia. 



D 

Washinoton, Qlsf January, 1847. 
Maj. G. Tochman, 

Sir — At the time of our interview with you this morning, we 
were not at liberty to state, that we had seen your letter to Mr. 
Bodisco, dated 18 January inst. Since then that letter has been 
placed in our hands, with full power to act in regard to it as we 
may deem best. 

You will not be surprised, then, at this communicaiion, in which 
we desire that hereafter no fwther intercourse shall exist between 
you and ourselves, or either of us, and that you will without delay 
transmit to Mr. Fendall such of the papers relating to the Kos- 
ciusko cases, which you received from him, as you have not yet 
returned. 

You have, we presume, retained a copy of the letter above 
referred to. If not, we will, if you desire it, forward one to 
you. 

We are, &c. 

P. R. Fendall. 
Jos. H. Bradlf.v. 



29 



Washington, January 21 , 1847. 
Gentlemen : 

In compliance with your request, I return the papers you 
asked for, and expect that you will also return me immediately 
the translations of the mortgage, and of the decree, made by me. 
I also send you a copy of the power of attorney which Estkos 
executed in the name of Mr. Chutkowski, and a copy of my 
power of attorney from him. With this, allow me to state that 
the treatment, which I received from you during all the time 
since you accepted the proposition of Mr. Bodisco, (to authorize 
him to send the power of attorney, drawn in your name, to 
St. Petersburg, to force the heirs to sign it), could not be beared 
any longer. / then wrote to Bodisco, not to break thereby my 
agreement with you, hut to bring the matter to a position that we 
could act under it with more unity and harmony : and if it cannot be 
attained, to come to a point that I may defend my riglifs and honor, 
if necessary, in the courts. Please, then, gentlemen, let me 
know, whether I have to understand your letter as a notice, as re- 
quired by our agreement, that you loillidraiv from further duties of 
the co-counsel of the heirs. If you do not answer, I will consider 
it so, and file my power of attorney in the court. This, how- 
ever, would be a painful duty to do, which I wish to avoid and 
keep our agreement in full force — if you henceforth consider me 
as an associate counsel, and not in the manner you did since you 
confederated against me with Mr. Bodisco. 

I am, &c. G. TocHMAN. 

Jos. H. Bradley, and 

P. R. Fendall, Esqrs. 



Washington, Sllst Jaminry, 1847. 

MaJ. G. ToCHMAN, 

Sir — We have received your letter of this date, with the 
papers which it refers to. 

We send herewith the translations you desire, and also a 
draft of a petition, or supplemental petition, prepared by you. 

Having; yourself broken the agreement of the 29th Nov., 1 845, 
we do not recognize you as any longer entitled to act in the cases 
of the heirs of Kosciusko, which we are exclusively authorized 
to conduct. There is no other part of your letter requiring an 
answer from us. We are, &c. 

Jos. H. Bradley. 
p. R. Fendall. 



Washington, February 15, 1847. 

To the Honorable N. P. Cousin, Judge of the Orphan'' s court. 

Sir: 

At the request of Messrs. Fendall and Bradley, counsellors 
tmploxjed by the Imperial Russian Legation, in behalf of the next 
of kin of the late Gen. Kosciusko, who inform, me that their author- 
ity has been questioned by an individual claiming to act therein, 
under sorne pretended authority from the Estko family, I consider 
it due to the two counsellors to state to you the relation held by 
the Imperial Legation towards that family. 

As far back as the year 1818 the Estko family applied to the 
Imperial government for its aid in procuring information in re- 
gard to the property left by Gen. Kosciusko in this country, and 
in vindicating their claim to his succession as his next of kin and 
heirs. A correspondence was at that time opened with Mr. 
Poletica, by Prince Zajonczek, Vice-Roy of Poland, and by Mr. 
Poletica with Mr. Jefterson, which resulted in the discovery of 
the paper of 1798 deposited by the General in the hands of Mr. 
Jefferson, and of the amount of the accumulated fund referred to 
in that paper. This fact having been communicated by the Impe- 
rial government to the Estko family, full powers were transmit- 
ted to the Baron de Thuye, the successor of Mr. Poletica, and 
the papers then thought necessary to establish their claims, were 
also forwarded to him. Baron de Thuye employed Mr. Swann, 
late counsellor of law, to prosecute their claims, and he retained 
the late counsellor Sampson to assist him. 

The Imperial Legation is not fully advised of the various 
causes, which delayed the final adjudication of the claims during 
the life of Mr. Swann, who survived Mr. Sampson, but during 
his life he continued to derive all his authority from and through 
the Imperial Legation, and the Estko family, by correspondence 
recognized the Legation as fully empowered to act in the matter. 
Mr. Swann having died without bringing the affair to a final 
issue, I employed Mr. Fendall and Mr. Bayard Smith conjointly 
with him to supply the place of Messrs. Swann and Sampson, 
and vested in them full authority to act in every respect as at- 
torneys and counsellors of the Estko family. For a long time, 
as I was informed, the affair was delayed because certain rules 
requiring security for costs in the court could not be complied 
with; some necessary papers which had been transmitted through 
the Imperial Legation, to be executed under tbe sanction of the 
Imperial government were, from some cause delayed, and certain 
documentary evidences necessary to sustain the claims of the heirs 
had not been received. In this stateof affairs, I received from Rus- 
sia some authenticated documents concerning the Genealogy of 
the Kosciusko family. These documents appeared to me entirely 



31 

sufficient to establish clearly the undisputed right of the claim ants 
to the inheritance, and I placed them without delay in the hands 
of Messrs. Fendall and Bayard Smith. Soon after this communi- 
cation Mr. Bayard Smith expressed the desire to retire from the 
case, and with my full consent Mr. Fendall associated with him 
Mr. Bradley for the prosecution of this business. An arrange- 
ment was made by them to comply with the rule of court and to 
give the necessary securities. This step gave life to the affair 
which was then actively resumed and vigorously prosecuted with 
every prospect of final success.* 

From the year 1818, and during an uninterrupted period of 28 
years, the various members of the Estko family have considered 
it as a great favor and kindness on the part of the Russian govern- 
ment, to protect their interests in the United States, and have acted 
accordingly by investing the Imperial Legation with full author- 
ity to act therein, to receive the money, and transmit it to the 
competent tribunal for the lawful distribution of the inheritance 
according to the existing law. 

After this statement of facts, it is rather difficult to understand, 
how the authority, once vested in the Legation, can, now, in any 
manner, be interfered by them, or any person claiming to represent 
them, without the consent of the Imperial Legation. Can it be 
supposed for o?ie moment, that they should forget themselves so far 
as to trifle with their own governmenti The whole tenor of their 
correspondence shows, on the contrary, that they confidently rely on 
the Legation as best qualified, from its position and impartiality, 
to protect their rights. In their anxiety to see a protracted suit 
terminated, the Estko family may have listened to overtures of 
assistance from, officious individuals, but the Legation has not been 
advised of it by the Imperial Government, and there is nothing 
from which it could be inferred of, a formal attempt, on the part of 
the Estkos family, to act against the authority given to the Imperial 
Legation, recognized and fully admitted during 28 years. t 

Desirous of furnishing to you, sir, all the information necessary 
to enable you to form a clear and impartial opinion in this case, 
/ consider it as an act of kindness towards the Estkos family, to 
protest against any pretended authority , in any other person, to in- 
terfere in this affair i.vithout my formal consent. I shall, by the 
earliest means of cotnmunication, report the attempt made to inter- 
fere with my authorizatioii, requesting the Imperial Government to 
inform me if any change has taken place in the position of this 
affair. In the mean time, I would beg to request that no action, 
not necessary to the preservation of the property of the estate, shall 
be had, nor any thing done, which is not sanctioned by the coun- 
sellors employed by the Imperial Legation. 

Receive, sir, the assurance of 

My high esteem and consideration, A. de Bodisco. 

' See exhibit H — its contents show too plainly the mistatement of this part 
of Mr, de Bodisco's diplomatic statement — g. t. 

f See exhibits I, K, L, pages 33, 34, 35, to learn how this is mistated. — s. t. 



32 



District of Columbia, 



Washington County, to 



tmt : 5 



I certify, that the aforegoing is a true copy from the original, 
filed in the ofiice of tlie Register of Wills, for Washington county, 
afore;5aid. 

r Witness my hand and seal of office, this l2th day of 
SEAL. < April, in the year 1847. 

(^ Ed. N. Roach, Register of Wills. 



H 

Memo: 29 Nov. 1845. 

The undersigned agree to unite in the prosecution of the 
claims of the families of Estko and Zulkowski to the funds left 
in this country, in the hands of Mr. Jefferson, by Gen. Thadeus 
Kosciusko. 

We agree in the first place to enter jointly as sureties for the 
fees and costs in the several cases depending, or which may be 
brought, in the Circuit court respecting the said fund, and to be 
equally responsible in the event of any one or more of the said 
cases being carried to the Supreme court. 

We further agree that out of the compensation which we may 
receive, we will, after deducting the said fees and costs, make 
some reasonable allowance for the services heretofore rendered 
by Mr. Thos. Swann, and by Mr. J. B. H. Smith, respectively, 
and the residue to divide equally among ourselves. 

We further agree that this arrangement is temporary only, and 
that at present there is only an authority from the Estko branch, 
to pay ten per cent, of the amount recovered ; that Maj. G. Toch- 
man undertakes to open a correspondence with the ZuJkowski branch, 
and endeavor to obtain from that branch an authority to prosecute 
the claim and to make a proper allowance for our services, and 
also with the Estko branch to obtain an increased allowance, and 
if he shall not succeed in obtaining authority from the Zulkowski 
branch, and an increased allowance from the Estko branch, that 
either of us shall be at liberty to withdraw from this agreement 
on reasonable notice to the others. 

It is understood between us that the increased allowance above 
mentioned is not to be less than 10 per cent, so as to make the 
whole 20 per cent. 

Jos. H. Bradley, 
P. R. Fendall, 
Gaspard Tochman. 



Tfanslalionfrom the Polish. 

SiECHNOwiczE, December 24, 1845. 
Dear Cousin: 

We willingly consent to Mr. Tochman being our 
attorney, whom you have recommended to us as a gentleman of 
honor and integrity. We rely upon you, dear cousin, being fully 
convinced that you are incapable of doing any thing which 
might be prejudicial to our interest. As to the lawyers, whom 
His Excellency, Mr. Bodisco, recommends to us, we have no 
confidence in them, as they make propositions which we cannot 
accept, they ask from us $500 in advance; it inclines us to the 
belief that they are interested persons. I send you. Dear Cousin, 
a copy of the letter which His Excellency, Mr. Bodisco, wrote 
to me, and also a copy of the official despatch of His Excellency, 
Mr. Bodisco, as Ambassador at Washington City, in the United 
States of America, to our Foreign Minister, Mr. Nesselrode, 
in order that the latter might communicate it to us; perhaps it 
will be of some use to you, it may be that you will discover the 
design of those gentlemen there.* I beg you, my dear cousin, 
Ignatius, to inform us what became of the land in Ohio, of which 
those gentlemen write to us that it is lost to us, as you will see 
it from the papers which I herein enclose to you. It seems to 
us that it cannot be so as these gentlemen tell us. We cannot 
understand how the land could have been sold before its owner 
was found out. As to the debts of Klimkiewicz, if we, lawful 
heirs of Kosciusko gain the suit, it will show that Klimkiewicz. 
was an imposter, and whatever debts he might have contracted, 
they cannot bind our fund. 

The Ambassador, Mr. Bodisco, says in his letter that we are 
bound to remunerate the former lawyers, 1 do not know why? 
They have done nothing, and it is only to your interference that 
we are indebted for the delay which was necessary to enable us, 
living as we are at so great a distance, to collect the evidence of 
our inheritance. 

I send you also a copy of the letter which I have written just 
now to the Ambassador, begging him to transmit the papers to the 
Counsel whom you have recommended to us. I write also to 
Mr. Tochman, begging him to take under his care our business 
and securing to him the remuneration for his legal services which 
you promised to him. I think that our word should satisfy him 
as to the assurance of his pay, and we hope he will take up our 
business, and prosecute it with his usual activity. 

We beg you, however, dear cousin, to tell Mr. Tochman, that 
he will be entitled to his remuneration when he shall have gained 
our cause. 

* The official despatch of Mr. de Bodisco to Mr. Nesselrode, Foreign Minis^ 
ter of Russia, is not annexed here, it having no relation to the affair which pro- 
voked the publication of this pamphlet.— g. t. 

5 



S4 

Should it be necessary to give him a formal power of attornej, 
please inform us of it; and as you have also a power of attorney 
from us, on the strength of it you will please to authorize him in 
the meanwhile to proceed immediately. 

You propose to us that we should name another counsel, in the 
person of Mr. Bradley. If it is absolutely necessary, we agree 
to it; but it would be better if it could be done without him, for 
it would be necessary to pay him also — and if we could save 
some money by dispensing with his services we should prefer to 
offer you a still larger compensation. 

As to the business of Miss Elizabeth Mange, we have made 
the necessary in«iuiries, but until now nothing has been accom- 
plished. Farewell, my dear Ignatius. 

Your well wishing cousin, Catharine Estko. 

To Mr. Ignatius Chutkowski. 

I hereby certify that the foregoing is a true translation from 
the original Polish. StSephen J. Dallas. 



Copy of the letter of Mrs. Catharine Estko to Mr. de Bodisco. 

Je ne saurais assez exprimer toute ma gratitude pour la bien- 
vaillance avec la quelle Votre Excellence daigne s'interresser a 
notre affaire — cequi m' encourage de recourir encore a Votre 
Grdce — Veuillez agreer I'assurance que ses avis me sont de la 
plus haute importance — mais Votre Excellence ignore peu — etre 
que Mr. Smith est parent de Meur. Bomford, — qu'il me soit 
aussi permi de rappeler qu' il faut agir contre 1' administrateur 
qui gire les funds, — de plus pour le moment nous sommes 
hors d' etat d' envoyer la somme de 500 dollars qu' on nous 
demande. Notre cousin, Mr. Chutkowski, nous a donne des 
preuves de son devouement et de sa loyaute — il nous recom- 
mande pour AvocatMeur Tochman de New York — et comme il 
parait qu' en date du -^^ Mai 1845, de la lettre que j' ai eu I' 
honneur de recevoir de Votre Excellence, les Avocats ne sont 
pas encore autorises legalement, conformement a la permission 
qui nous a ete donnee procedemment de nommer les Avocats 
pour defendre notre cause dans les Tribunaux en Amerique — 
nous desirous donner la preferance a ce dernier — Votre Excel- 
lence voudre bien m' excuser si j' ose lui faire mon humble de- 
mande de permettre a ce changement d' avocats, et de vouloir 
bien lui faire transmettre par Meur Chutkowski demeurant a 
New York — les papiers qui se trouvent entre les mains des an- 
ciens Avocats. Que Votre Excellence daigne considerer que 
Mr. Fendall et Smiths n' out point fait avances notre affaire, par 
consequant je suppose qu'ils n'ont pas le droit d'en reclamer le 
payment, &c. &c. 

[The aforegoing is taken from the copy which Mrs. Catharine 
Estko sent to Mr. Chutkowski in the letter marked I.] G. T. 



$6 

L 

1\anslaiion from the Polish filed in the Orphan'' s Court of the 
District of Columbia. 

Sir : Siechnowicze, December 24. 

Our cousin, Ignatius Chutkowski, has recommended you as 
a gentleman of honor and integrity, in whose hands, we the heirs 
of Kosciusko can safely place our business. We do place*full 
confidence in you, and we beg you sir, to take under your 
management our claim, which is clear and just. As to the re- 
muneration for your legal services we approve with much plea- 
sure the agreement which our cousin made with you, and we give 
you the word of honor that none of us shall question it. If you 
wish to have formal security, please inform us and we shall take 
care to send it to you as soon as possible, together with the power 
of attorney — and until we do so, please to consider this letter as 
your authority. Please sir, to inform us how our business stands, 
and give us your opinion thereof. We place in you full confi- 
dence and rely upon your inte<grity. 

We recommend ourselves to your care, 

Your most obedient servant, 
4 Monsieur G. Tochman, Catharine Estko. 

a New York, 

True Copy, 

Test, Ed. A. Roach, Regl. 

July 9, 1847. 



DEPOSITIONS. 

k, Iss. 
k.] 



United States of America, 

Southern District of New York, 
City, County and State of New York. 

Be it remembered, that on this 13th day of September, in the 
year of our Lord 1847, I, George W. Morton, a Commissioner, 
duly appointed by the Circuit court of the U. S. for the Southern 
District of New York, in the Second Circuit, under and by vir- 
tue of the acts of Congress, entitled, " An act for the more con- 
venient taking of affidavits, and bail in civil causes, depending 
in the courts of the U. S." passed February 20th, 1812, and the 
Act of Congress, entitled, An act, in addition to an act entitled, 
*' An act for the more convenient taking of affidavits and bail in 
civil causes depending in the courts of the U. S." passed March 
1st, 1817, and the act entitled " An act to establish the judicial 
courts of the United States, passed September 24th, 1789, did 
call and caused to be and personally appear before me, at my 
office at the United States court — in the City of New York, in 
the said Southern District of New York, in the state aforesaid. 



36 

Ignatius T. Chutkowski, to testify, and the truth to say, on the 
part and behalf of the plaintiff, in a certain suit or matter of con- 
troversy, now dependino; and undetermined in the Circuit court 
of the U. S. for the Distiict of Columbia, for Washington county, 
at Washington city, in the District aforesaid — wherein Gaspard 
Tochman is plaintiff and Thomas Ritchie and John P. Heiss, are 
defendants. And the said Ignatius T. Chutkowski, being about 
theUge of thirty-four years, and having been by me first cautioned 
and sworn to testify the truth, the whole truth, and nothing but 
the truth, in the matter of controversy aforesaid, I did carefully 
examine the said Ignatius T. Chutkowski, and he did thereupon 
depose, testify and say as follows, viz : That he was born in the 
government of Podolia and state of Poland, and resides in the 
city of New York, more than 100 miles from Washington city. 
District of Columbia, the place of trial of the above cause. 

That he has known the plaintiff personally since 1842. I knew 
him before that time by reputation as Vice President of the 
Polish Council, at Avignon, in France, and as a public lecturer 
on Poland and Russia, in this country, ivhich induced me to call 
upon him when he visited Washington city, in the District of 
Columbia, in 1842, where I was then residing, and it was on 
that occasion that I made his personal acquaintance by intrO'* 
ducing myself to him as his fellow-countryman. 

State v^hat you know in relation to the identify of his person, or 
that he is actually the Polish Major G. Tochman, as he represents 
himself io be. 

He says — The circumstances I am about to relate confirm the 
identity of the plaintiff in this cause.— In 1846, when Major 
Tochman made exertions to form in this state the Polish Slavo- 
nian Literary Association, for which he obtained a charter from 
the Legislature of this state, some of the Poles residing in this 
city protested against it, and on this occasion they seemed to 
have questioned the identity of his person, they denied hihi the 
right of forming that society, and denounced that he was col- 
lecting donations without authority, under pretext of forming 
that society, and that he assunoed in this country the rank of 
Major. These Poles were then and still are members of a sec- 
tion of the Polish society of the third of May, whereof I was then 
and am still the secretary. Having no reason to believe that the 
protest was reasonable, or that the imputations made against Major 
Tochman had any foundation, or that be ever collected any do- 
nations, or subscriptions, 1 refused to take any part in these pro- 
ceedings. I even endeavored to deter therefrom those who pro- 
tested against Major Tochman, but they seemed to have labored 
under the impression that Major Tochman had no right to form 
that society without previously consulting with them as the mem- 
bers of the Polish society of the tkird of May, to which he refused 
to belong. They then published several articles against Major 
Tochman, and reported their proceedings to the general Polish 
society of the third of May, organized and existing in France, 



37 

This step of theirs was however greatly disapproved of by the 
general society of the third of May: by order of that society and 
of Prince Adam Czartoryski, who was the president of the Polish 
government during the revolutionary war of 1830, the president 
of that society, Colonel Breanski, wrote to the Poles who pro- 
testisd against Major Tochman, reprimanding their conduct in 
the premises, and informing them thai Major Tochman was 
Undoubtedly what he represented himself to be: — the nephew of 
General-in-Chief of the late Polish army, John Skrzynecki; — 
that he was actually a Major in the army; and that he had always 
distinguished himself in serving the cause of Poland. This let- 
ter was addressed to Mr. Kowalewski, who was then presiding 
officer of the section of the Polish society of the third of May, in 
New York, and who belongs to the number of those who pro- 
tested against Major Tochman ; and a similar letter was also ad- 
dressed by Colonel Breanski, to the Reverend Jerzykiewicz, 
Polish priest in this city, and both these gentlemen were request- 
ed, in these letters, in the name of the society and of Prince 
Czartoryski, to call a meeting of those persons who protested 
against Major Tochman, and to induce them to revoke that pro- 
test. I read both of these letters; they were communicated to 
the as the secretary of the society, but neither of those gentle- 
men to whom the letters were addressed, have up to this time 
taken any steps to comply with the request contained in the 
letters; as I believe probably because of their unwillingness to 
revive the subject of their mistake in protesting against Major 
Tochman. Those letters are in the hands of those who protested 
against Major Tochman. 

I ought to add here, that previous to the beforementioned 
protest against Major Tochman, I saw his name published in a 
Book or Almanack, entitled, "Almanach Historique ou Souvenir 
de L' Emigration Polonaise,'' published in France, in 1837, 
wherein it is stated that he was Major in the Regiment of Na- 
tional Guards, that he was wounded, and that he was honored 
with the Gold Cross "Virtuti Militari," a decoration vv'hich 
proves that he must have distinguished himself in the field of 
battle during the struggle against Russia for Polish independence 
and liberty. I saw also his name in the list of Polish exiles, 
whose property had been confiscated, by the Russian Govern- 
ment. This list is published in a book entitled, " La Poloo-ne 
dans ses Anciennes Limites et L' Empire des Russies en 1836. I 
called the attention to these facts of those who protested against 
Major Tochman, but they seemed to suspect the identity of the 
person of Major Tochman until they were disabused therefrom 
by the aforesaid letters of Colonel Breanski. 

Ignatius T. Chutkowski. 

Read to and subscribed by the witness Ignatius T. Chutkow- 
ski, on his examination before me, Sept. 13, 1847. 

Geo. W. Morton, U. S. Com. 



3b 

United States of America, ^ 

Southern District of New York, > ss. 
City, County and State of New York. ) 

Be it remembered, that on this 14th day of September, in the 
year of our I^ord 1847, I, George W. Morton, a Commissioner, 
duly appointed by the Circuit court of the United States for the 
Southern District of New York, in the second Circuit, under 
and by virtue of the Acts of Congress, entitled " An act for the 
more convenient takins of affidavits and bail in the civil causes, 
depending in the courts of the U. S." passed February 20th, 
1812, and the act of Congress, entitled "An act, in addition to 
an act entitled ' An act for the more convenient taking of affida- 
vits and bail in civil causes, depending in the courts of the U. 
S.'" passed March 1st, 1847, and the act, entitled "An act to 
establish the judicial courts of the United States," passed Sep- 
tember 24th, 1789, did call and cause to be and personally ap- 
pear before me, at my office at the United States courts, in the 
city of New York, in the said Southern District of New York, 
in the state aforesaid, John L. O'Sullivan, to testify and the 
truth to say, on the part and behalf of the plaintift" in a certain 
suit or matter of controversy, now pending and undetermined in 
the Circuit court of the United States, for the District of Colum- 
bia, for Washington county, at Washington city and the District 
aforesaid : wherein Gaspard Tochman is plaintiff, and Thomas 
Ritchie and John P. Heiss are defendants. 

And the said John L. O'Sullivan, being about the age of thirty- 
three years, and having been by me first cautioned and sworn to 
testify the truth, the whole truth, and nothing but the truth, in 
the matter of controversy aforesaid, I did carefully examine the 
said John L. O'Sullivan — and he did thereupon depose, testify, 
and say as follows, viz : To the first interrogatory he says : Thai 
his residence is in the city of New York. To the second inter- 
rogatory : that he knows the plaintiff in this cause, having made 
his acquaintance in the year 1842, at Albany, on the occasion of 
that gentleman's address before the Legislature of New York 
on the subject of the wrongs of Poland, the deponent being then 
a member of the legislature. That in the fall of 1845 he had the 
pleasure of receiving from Major Tochman (volunteered by that 
gentleman) two letters of introduction, the one to General 
Skrzynecki, the celebrated heroic Commander in Chief of the k 
Polish Army in the late attempted revolution of Poland, and the \ 
other to Prince Ciartoryski, the President of the late Polish 
Republic; the former residing in Bruxells, and the latter in 
Paris. That the former letter addressed Gen. Skrzynecki as 
" Uncle," and was signed with the designation of " Nephew," 
in connection with the signature of Major Tochman, which was 
well known to deponent. That the deponent was received with 
great kindness and we' come on the introduction of the said 
letters ; the most friendly inquiries being made respecting Major 
Tochman, and the relations between the writer of them and the 



\ 



parties to whom they were addressed, which were implied in the 
letters themselves, being fully recognized by , the latter in the 
most cordial manner; and tiiat Prince Czartoryski, through the 
hands of his nephew, Count Ladislas Zamoys^ki, (who also had 
united in expressions of friendly regard for Major Tochman, and 
recognition of his zealous and valuable services to the Polish 
cause^, delivered to the deponent a parcel directed to Major 
Tochman, which he duly remitted to that gentleman. 

J. L. O'SULLIVAN. 

Reduced to writing by the witness, John L. O'Sullivan, on 
his examination before me, and signed by him in my presence, 
this 14th day of September, 1847. 

Geo. W. Morton, U. S. Com. 



I 



United States of America, 

Southern District of Aeio York. 



I, a Commissioner, duly appointed by the Circuit court of the 
V. S., for the Southern District of New York, in the second 
circuit, under and by virtue of the Acts of Congress, entitled 
"An Act for the more convenient taking of Affidavits and Bail 
in civil causes, depending in the courts of the U. S.," passed 
February 20th, 1812, and the Act of Congress, entitled "An 
Act, in addition to an Act, entitled * An Act for the more con- 
venient taking of Affidavits and Bail in civil causes, depending 
in the courts of the U. S.,'" passed March 1st, 1817, and the 
Act, entitled "An Act to establish the judicial courts of the 
U. S.," passed September 24th, 1789. Do thereby certify, that 
the reason for taking the foregoing depositions is, and the fact is, 
the witnesses are material and necessary in the cause in the 
caption of the said deposition named, and that they both live and 
reside in the city of New York, more than one hundred miles 
from the city of Washington, the place of trial of the above cause. 
1 further certify, that no notification of the time and place of taking 
the said depositions, signed by me, was made out and served on 
the adverse parties, or their attorney or agent, to be present at 
the taking of the depositions, and to put interrogatories, if he or 
they might think fit, because neither of the defendants, or their 
attorney or agent, are within one hundred miles of the city of 
New York, the place of caption or taking of said depositions. 
I further certify, that on the 13th and 14th days of September, in 
the year of our Lord, 1847, I was attended by plaintift", Gaspard 
Tochman, and by the witnesses, who were of sound mind and 
lawful age, and the witnesses were by me first carefully exam- 
ined and cautioned, and sworn to testify truth, the whole truth, 
and nothing but truth, and the deposition was by me and the 
witness reduced to writing in the presence of the witnesses and 
from their statements, and, after carefully reading the same to the 
witnesses, they subscribed the same in my presence. I have 



40 

retained the said deposition in my possession, for the purpose of 
sealing up, directing, and depositing in the post office of the city 
of New York, the same with my own hands, for the court for 
which the same were taken. 

And, I do further certify, that I am not of counsel, nor attorney 
for either of the parties in the said deposition and caption named, 
nor in any way interested in the event of the cause named in the 
said caption. 

In testimony whereof, I have thereunto set my hand and seal, 
this 14th day of September, in the year of our Lord, 1847, and 
of Independence of the United States the seventy-second. 

Geo. W. Morton, ls. 
C United Slates Commissioner, duly appointed by the Circuit 
^ cojirt of the U. S.,for the Southern District of New Ydrk, 
f in the second circuit. 



United States of America, 

Southern District of Aew Fork. 



ss. 



I, Alexander Gardiner, Clerk of the Circuit court of the United 
States of America, for the Southern District of New York, second 
circuit, do hereby certify, that I am well acquainted with the 
hand writing of George W. Morton, whose name is subscribed 
to the annexed certificate and depositions, and that the signature 
to the same is in his proper hand writing. And, I do further 
certify, that he was, at the time of his signing the same, a Com- 
missioner, duly appointed by the Circuit court of the United 
States of America, for the Southern District of New York, under 
and by virtue of the Acts of Congress set forth in said certi- 
ficate. 

'In testimony whereof, I have thereunto subscribed 

my name, and affixed the seal of the said Circuit 

L. s.«^ court, this l4th day of September, in the year of 

our Lord, 1847, and of Independence of the 

U. S. the seventy-second. 

Alexander Gardiner. 



Copy Test, 



Wm. Brent, Clerk. 



Explanation. — The aforegoing depositions have been taken to be used as 
evidence in a libel suit, which I brought against Messrs. Ritchie and Heiss, 
because of their having republished, in the advertising- columns of their paper, 
one of the libellous pieces referred to in the deposition of iVlr. Ignatius T. Chut- 
kowski. But Messrs. Ritchie and Heiss are not concerned in the affair which 
provoked the publication of this pamphlet, G. Tochman. 



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